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Aug 21, 2013
08/13
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you wonder if the fisa court is aware of this and signing off on this. >> it's not just terrorism but national security in a larger sense, foreign agents, spice, it's not just terrorism. but it's national security. we need to know there are regulatory agencies and mechanisms in place to make sure that the kind of filtering that goes on goes on. we need to know to your point that there is an ability to collect information in a way that we can analyze it, and that's the problem here. is this making us selfer? >> karen greenberg as director of th the national security and school of law. thank you for your time. >>> as many as 2,000 people are thought to be held in prison camps and torture is common in these camps. we have testimonies of former detainees. here is our story. >> reporter: north korea defectors accounted their experience in one of the most repressive regimes in the world. there are no known pictures of what happens in these camps, but these draws based on inmates testimony prid provide a sketchy window into that world. this man said that excus executs were normal and he fear
you wonder if the fisa court is aware of this and signing off on this. >> it's not just terrorism but national security in a larger sense, foreign agents, spice, it's not just terrorism. but it's national security. we need to know there are regulatory agencies and mechanisms in place to make sure that the kind of filtering that goes on goes on. we need to know to your point that there is an ability to collect information in a way that we can analyze it, and that's the problem here. is...
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Aug 9, 2013
08/13
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CNBC
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. >> he's using the fisa court and i think they are not directly spying on americans. that's my own personal view. but jim let me go to you. any changes in any part of these programs will require legislation. i mean there were huge battles over a decade ago after 9/11 where george bush to get the patriot act through. huge battles. i want to know is obama ready? does he have the stomach to go into a legislative battle such as he's going to have to have? he wants this committee to report in 60 days that's going to fix the foreign surveillance court, 60 days. he's also got obama care coming up in 60 days and also a continuing resolution coming bin 60 days. do you think he has the stomach for this? >> no. he hasn't shown the character or shown the leadership to be able to do this because look that. he did this press conference on a friday. on a friday afternoon during the middle of august when hoping some people weren't watching and i think the real reason why he did this press conference and why it was so much about the nsa and the spying, was because he saw his negatives
. >> he's using the fisa court and i think they are not directly spying on americans. that's my own personal view. but jim let me go to you. any changes in any part of these programs will require legislation. i mean there were huge battles over a decade ago after 9/11 where george bush to get the patriot act through. huge battles. i want to know is obama ready? does he have the stomach to go into a legislative battle such as he's going to have to have? he wants this committee to report in...
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Aug 18, 2013
08/13
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CNN
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you do not have to get advance notice from the fisa court. i propose before they do any kind of query, any kind of search, they have to go to the fisa court. and at that step in the process, we also have what's considered a citizen's advocate to take the a adversarial position. i think most people are concerned that nsa is willy-nilly getting content or doing searches. i do believe that we make sure that that can never have. >> even if they're not getting content or searches, they're getting a heck of a lot of information as everyone who knows what that phone data is, should someone choose to misuse it. >> that's the key point, should they choose to misuse it. so if somebody has -- if you had reasonable suspicion that a phone number was involved in terrorist activity, i would want you to be able to query that quickly. i would want you to figure out who that person is calling. my concern is that the official at nsa gets to make that judgment by themselves without going to the court and before the court you don't have an adversarial proceeding.
you do not have to get advance notice from the fisa court. i propose before they do any kind of query, any kind of search, they have to go to the fisa court. and at that step in the process, we also have what's considered a citizen's advocate to take the a adversarial position. i think most people are concerned that nsa is willy-nilly getting content or doing searches. i do believe that we make sure that that can never have. >> even if they're not getting content or searches, they're...
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Aug 21, 2013
08/13
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CNN
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explain this ruling from the secret court called fisa court, the most secret court in federal government. what is the significance of these documents that have been released by the nsa? >> well, the court essentially was very angry at the government, because he said you've been collecting all this data on americans which have nothing to do with terrorism, completely domestic. the nsa is supposed to be focused on foreign communications. you've been misrepresenting what you've been doing to the court for three years, essentially. the nsa was essentially sending its machines, the computers that it was collecting its stuff that essentially -- you communicating with someone in al qaeda, yemen, for instance, completely your do mistic communications with other people. >> in this country? >> in this country it's not necessarily the content. it was taking care -- and it wasn't doing that. >> this went on for three years? >> for tli years. october 2011, the nsa finally comes to the judge and explains what they've been doing. the judge was very angry and said, well, you know, tell us how you're goi
explain this ruling from the secret court called fisa court, the most secret court in federal government. what is the significance of these documents that have been released by the nsa? >> well, the court essentially was very angry at the government, because he said you've been collecting all this data on americans which have nothing to do with terrorism, completely domestic. the nsa is supposed to be focused on foreign communications. you've been misrepresenting what you've been doing to...
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Aug 16, 2013
08/13
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CNN
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offered to give up executive power, erin, and talked about narrowing the patriot act and not taking the fisa court such a rubber stamp anymore. so i think he's concerned with the balance and privacy. >> one of the things they did was typed in area code 202 instead of 20, ie stay that is righted spying on people in washington d.c. instead of cairo. what is worse the fact they were spying on people in shington? the nsa might not be as all mighty as we think and that could be something to be more afraid about. we do something called "the out front out take." the white house confirms something we've been suspecting, michelle obama's bangs are no more. the first lady's hair style swept into our lives last year captivating magazine editors who forget how horrific bangs are to maintain. president obama called them the most significant event of the inauguration and he was right. it seemed like they were here for good. the first lady grew tired of trying to make speeches with hair in her face and in april began growing them out. i have to say, i knew this was coming. bangs are not good at any age. po
offered to give up executive power, erin, and talked about narrowing the patriot act and not taking the fisa court such a rubber stamp anymore. so i think he's concerned with the balance and privacy. >> one of the things they did was typed in area code 202 instead of 20, ie stay that is righted spying on people in washington d.c. instead of cairo. what is worse the fact they were spying on people in shington? the nsa might not be as all mighty as we think and that could be something to be...
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. >> the argument on the other side, though, fran -- and you've heard it -- is that this fisa court system that has to approve this kind of surveillance is merely a rubber stamp for the nsa, for the federal government, because they almost always -- they rarely reject any request and that it would become for all practical purposes, the critics claim, a rubber stamp. what say you? >> wolf, i'll tell you, i ran that unit in the justice department for several years, and i just think that that statistic, that they rarely deny one, is a red herring. those of us who have worked inside this system can tell you that when a judge reviews an application and he has a question, he or she has a question about it, they'll return it and they'll tell the government what more they want to see in there if it's available, and they won't approve it if they're not satisfied. frequently, then, what happens is the government will take it back, will add additional information as requested by the court and then return it to the court, and there's no way of capturing that statistic, because ultimately, that appears
. >> the argument on the other side, though, fran -- and you've heard it -- is that this fisa court system that has to approve this kind of surveillance is merely a rubber stamp for the nsa, for the federal government, because they almost always -- they rarely reject any request and that it would become for all practical purposes, the critics claim, a rubber stamp. what say you? >> wolf, i'll tell you, i ran that unit in the justice department for several years, and i just think...
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Aug 18, 2013
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you do not have to get advance notice from the fisa court. i propose before they do any kind of query, any kind of search, they have to go to the fisa court. and at that step in the process,
you do not have to get advance notice from the fisa court. i propose before they do any kind of query, any kind of search, they have to go to the fisa court. and at that step in the process,
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we've heard from the chief judge of the fisa court who says that's not true.
we've heard from the chief judge of the fisa court who says that's not true.
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Aug 16, 2013
08/13
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detail and analysis they uncovered is usually more than typically shared with member of congress or the fisa court that oversees the nation's surveillance programs. >> a general impression has i think taken hold not only among the american public but also around the world that somehow we're out there willy-nilly. >> reporter: that was president obama just days ago assuring the american public that the national security agency was not breaching the trust of its citizens. but a new report out today by "the washington post" may raise new concerns. after combing through the trove of documents leaked by former nsa analyst edward snowden "the post" reports the nsa has broken privacy rules thousands of times each year since 2008. "the post" says most of the incidents involved surveillance of americans and foreign intelligence targets on u.s. soil in ways that violate the program's rules. of those incidents, "the post" report most were unintended and many involved failures of due diligence or violations of standard operating procedure such as when an area code mixup caused the nsa to intercept a lar
detail and analysis they uncovered is usually more than typically shared with member of congress or the fisa court that oversees the nation's surveillance programs. >> a general impression has i think taken hold not only among the american public but also around the world that somehow we're out there willy-nilly. >> reporter: that was president obama just days ago assuring the american public that the national security agency was not breaching the trust of its citizens. but a new...
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Aug 20, 2013
08/13
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. >> fisa -- >> they should have held hearings. it should've have been a more robust oversight board. now they will, that is good. the inspectors general can give more generic reports. congressional oversight committees, intelligence committees can talk about the subjects they are looking at without disclosing sources. john mclaughlin noted we do oversight hearings. even on the fisa court i would disagree with some of the panelists. they can release some things. they can release how many cases they get, how many are denied, how many are sent back for review. you can have periodic review by other bipartisan commissions that have credibility. you can do it incrementally but it is going to be difficult to swim against the general tide distrust of government. i would also be remiss if i didn't say i could not disagree with anthony romero more that snowden did as a service. i think he did this country and incredible disservice. we are now going to have slightly more transparency and better oversight and that is a good thing. i refused t
. >> fisa -- >> they should have held hearings. it should've have been a more robust oversight board. now they will, that is good. the inspectors general can give more generic reports. congressional oversight committees, intelligence committees can talk about the subjects they are looking at without disclosing sources. john mclaughlin noted we do oversight hearings. even on the fisa court i would disagree with some of the panelists. they can release some things. they can release how...
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Aug 1, 2013
08/13
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it would change the fisa court of review process. years,found that, in my one of a judges worst nightmares is an incompetent counsel. the reason is, especially in a criminal trial, the inc. competent counsel or lack of counsel means that the record is weaker and that the test and clash of litigation is diminished in quality. that is a principal that should be involved in some way in the fisa court. a second bill that i'm proposing is for navigate to be a special- for advocate to be involved in the proceedings. not on every single warrant or surveillance or search butat some point, when there are significant issues of law, different sides are presented. challenges are made. a judge or panel has the benefit of contention that is at the core of our court process. on courts insist and thrive the clash and testing of different point of view. could debate on a legal issue forcross examination is that the essence of our litigation process. in appearance, if not reality, the current design of the fisa court stacks the deck against civil libe
it would change the fisa court of review process. years,found that, in my one of a judges worst nightmares is an incompetent counsel. the reason is, especially in a criminal trial, the inc. competent counsel or lack of counsel means that the record is weaker and that the test and clash of litigation is diminished in quality. that is a principal that should be involved in some way in the fisa court. a second bill that i'm proposing is for navigate to be a special- for advocate to be involved in...
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Aug 4, 2013
08/13
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i understand officials contend that the programs authorized under fisa that we will discuss today are critical tools that have assisted them in disrupting attacks both here and abroad. to the extent possible in this unclassified setting, i look for to hearing how these programs have made our nation safer. i want to emphasize that this is an equally important part of the balance that we have to strike. as we consider whether reform of these intelligence programs is necessary or desirable, we must also make sure that we don't overreact and repeat the mistakes of the past. we know that before 9/11, there was a wall erected under the clinton administration between intelligence gathering and law enforcement. that wall contributed to our failure to be able to connect the dots and prevent 9/11. none of the reforms that we consider should effectively rebuild that law. while the intelligence and law enforcement communities need to share information and walk away, any reform we consider should not consider the differences between these contexts. no reform should be based on a that foreignality
i understand officials contend that the programs authorized under fisa that we will discuss today are critical tools that have assisted them in disrupting attacks both here and abroad. to the extent possible in this unclassified setting, i look for to hearing how these programs have made our nation safer. i want to emphasize that this is an equally important part of the balance that we have to strike. as we consider whether reform of these intelligence programs is necessary or desirable, we...
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Aug 11, 2013
08/13
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fisa oversight system. he did not actually say he was willing to consider any or endorse any. i think change -- i'm going to disagree with my friend pete king -- i think change is long overdue. there is no reason why the head of the supreme court should be appointing every justice on the fisa court, a court which has never turned down a request for information by the government. back fornt a couple amendment, for changes, but basically, it is a rubber stamp. there is no reason why we cannot know more about the types of cases being brought to that part. i'm skeptical because i know that with the best of intentions governments gradually accumulate power. while i might trust pete king and even president obama to respect the balance between civil liberties and national security, i'm not sure i'm going to be able to trust the next president. that is why we have a constitution and the bill of rights. i'm speaking to you today as someone who considers herself a kind of national security hawk. i endorsed the patrio
fisa oversight system. he did not actually say he was willing to consider any or endorse any. i think change -- i'm going to disagree with my friend pete king -- i think change is long overdue. there is no reason why the head of the supreme court should be appointing every justice on the fisa court, a court which has never turned down a request for information by the government. back fornt a couple amendment, for changes, but basically, it is a rubber stamp. there is no reason why we cannot...
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Aug 1, 2013
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--fisa. in the years since september 11, congress has repeatedly expanded the scope of fisa and has given the government sweeping new powers to collect information on law-abiding americans. we must consider whether those laws have gone too far. americans have learned that one of these authorities, section 215 of the usa patriot act has been secretly interpreted to authorize the collection of phone records on an unprecedented scale. information was leaked about section 702 of fisa, which authorizes the collection of to -- communications of foreigners overseas. first, i made it very clear, i do not condone the way these and other highly classified programs are disclosed. i am concerned about the potential damage of intelligence gathering capabilities and national security. it is appropriate to hold people accountable for allowing such a massive leak to occur. we need to examine how to prevent this type of breach in the future. in the wake of these leaks, the president said this is an opportunit
--fisa. in the years since september 11, congress has repeatedly expanded the scope of fisa and has given the government sweeping new powers to collect information on law-abiding americans. we must consider whether those laws have gone too far. americans have learned that one of these authorities, section 215 of the usa patriot act has been secretly interpreted to authorize the collection of phone records on an unprecedented scale. information was leaked about section 702 of fisa, which...
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Aug 1, 2013
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be involved after the fact, if necessary, on appeal to the peak -- to the fisa court of review or the united states supreme court. question, lead to my join inhat you would this process of trying to improve the current structure
be involved after the fact, if necessary, on appeal to the peak -- to the fisa court of review or the united states supreme court. question, lead to my join inhat you would this process of trying to improve the current structure
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Aug 1, 2013
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it would change the fisa court of review process. years,found that, in my
it would change the fisa court of review process. years,found that, in my
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Aug 1, 2013
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it simply would have inserted an order into each fisa , a single sentence, that the court issues reminding people that domestic surveillance is unconstitutional without probable cause. -st: a tweet
it simply would have inserted an order into each fisa , a single sentence, that the court issues reminding people that domestic surveillance is unconstitutional without probable cause. -st: a tweet
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Aug 1, 2013
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that is a principal that should be involved in some way in the fisa court. proposingill that i'm is for navigate to be involved .n the proceedings at some point, when there are ,ignificant issues of law
that is a principal that should be involved in some way in the fisa court. proposingill that i'm is for navigate to be involved .n the proceedings at some point, when there are ,ignificant issues of law
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Aug 1, 2013
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i have no doubts about the fisa judges pushing back and having a commitment to the law. in appearance, the system is failing fast. to maintain the trust and credibility of the american people. they want to be protected from terrorists, at the same time, also protected from the degradation of constitutional rights. andchanging the appointment
i have no doubts about the fisa judges pushing back and having a commitment to the law. in appearance, the system is failing fast. to maintain the trust and credibility of the american people. they want to be protected from terrorists, at the same time, also protected from the degradation of constitutional rights. andchanging the appointment
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reality,ance, if not the current design of the fisa court stacks the deck against civil liberties. it can be improved and enhanced without sacrificing speed or security. special advocates can be cleared or security purposes.
reality,ance, if not the current design of the fisa court stacks the deck against civil liberties. it can be improved and enhanced without sacrificing speed or security. special advocates can be cleared or security purposes.
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Aug 10, 2013
08/13
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should the fisa court be playing that role? or should the supreme court be taking on some of those cases? >> the fisa court is operating as congress established in 19 78. i think everyone knows how it operates. these are federal, article three judges. there is a review that has ruled rarely, but it has. i think that narrative generally sets out there. is a rubber stamp. few applications are rejected and there is a handful of people in this room who have practiced. them. there is no way that is an accurate representation. i think the challenge to the government is how do we improve public confidence in a process that is working as intended, working pretty well. there is a full-time staff that is very competent. i think that is something that is out of their. the idea that a certain number of applications are never rejected. a couple of points. one, if somebody were to make critical side, it is rare a title iii is rejected as well. that is just the nature of the business. applications are well. together through the process. but t
should the fisa court be playing that role? or should the supreme court be taking on some of those cases? >> the fisa court is operating as congress established in 19 78. i think everyone knows how it operates. these are federal, article three judges. there is a review that has ruled rarely, but it has. i think that narrative generally sets out there. is a rubber stamp. few applications are rejected and there is a handful of people in this room who have practiced. them. there is no way...
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Aug 1, 2013
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their request from the high-tech companies, that any company is required to provide data pursuant to fisa's business records provision. the companies that provide information or seeking to be able to speak more publicly about this.
their request from the high-tech companies, that any company is required to provide data pursuant to fisa's business records provision. the companies that provide information or seeking to be able to speak more publicly about this.
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the fact that the queries are limited, the access to the data fisa court, and the has repeatedly found these records are relevant. >> is there any precedent that
the fact that the queries are limited, the access to the data fisa court, and the has repeatedly found these records are relevant. >> is there any precedent that
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Aug 7, 2013
08/13
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should the fisa court be playing that role? or should the supreme court be taking on some of those cases? >> the fisa court is operating as congress established it in 1978. i think everyone knows how it operates. these are federal, article three judges. there is a review that has ruled rarely, but it has. i think that narrative enerally sets out there. few applications are rejected and there is a handful of people in this room who have practiced. there is no way that is an accurate representation. i think the challenge to the government is how do we improve public confidence in a process that is working as intended, working pretty well. here is a full-time staff that is very competent. i think that is something that is out of their. a couple of points. one, if somebody were to make critical side, it is rare a title iii is rejected as well. that is just the nature of the business. applications are so well put together through the process. but two, in recent weeks, we started to open up a little bit more to discuss how the proces
should the fisa court be playing that role? or should the supreme court be taking on some of those cases? >> the fisa court is operating as congress established it in 1978. i think everyone knows how it operates. these are federal, article three judges. there is a review that has ruled rarely, but it has. i think that narrative enerally sets out there. few applications are rejected and there is a handful of people in this room who have practiced. there is no way that is an accurate...
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Aug 18, 2013
08/13
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that is a declassified opinion of the fisa court review. then, you have ongoing oversight of the program carries out. it is hard for me to imagine and oversight regime that would exceed that. >> i don't think you were using your imagination. you have to look at the fisa court. >> there is no adversarial process when a prosecutor goes and seeks to get a search warrant. you go to the judge and present the facts. it is not adversarial. i am not aware of any country that has anything like a fisa court. you could make it adversarial. you would slow down. unless you did it very carefully, you would risk disclosure. the problem is that there is just a lack of confidence and that is a problem we have maintaining these tools in government. you wrote in one of your pieces that congress was somewhere below headlights and above people -- >> yes. >> that is hard for us. we depend on a relationship between communities to provide legitimacy for our programs. >> the question also is. where is the abuse? i completely understand that some people think the co
that is a declassified opinion of the fisa court review. then, you have ongoing oversight of the program carries out. it is hard for me to imagine and oversight regime that would exceed that. >> i don't think you were using your imagination. you have to look at the fisa court. >> there is no adversarial process when a prosecutor goes and seeks to get a search warrant. you go to the judge and present the facts. it is not adversarial. i am not aware of any country that has anything...
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Aug 4, 2013
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it would change the fisa court of review process. i have found that, in my years, one of a judges worst nightmares is an incompetent counsel. the reason is, especially in a criminal trial, the inc. competent counsel or lack of counsel means that the record is weaker and that the test and clash of litigation is diminished in quality. that is a principal that should be involved in some way in the fisa court. a second bill that i'm proposing is for navigate to be involved in the proceedings. at some point, when there are significant issues of law, different sides are presented. challenges are made. a judge or panel has the benefit of contention that is at the core of our court process. our courts insist and thrive on the clash and testing of different point of view. cross examination is that the essence of our litigation process. in appearance, if not reality, the current design of the fisa court stacks the deck against civil liberties. it can be improved and enhanced without sacrificing speed or security. special advocates can be clear
it would change the fisa court of review process. i have found that, in my years, one of a judges worst nightmares is an incompetent counsel. the reason is, especially in a criminal trial, the inc. competent counsel or lack of counsel means that the record is weaker and that the test and clash of litigation is diminished in quality. that is a principal that should be involved in some way in the fisa court. a second bill that i'm proposing is for navigate to be involved in the proceedings. at...
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Aug 5, 2013
08/13
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i did not vote for the fisa amendments. i do not vote to reauthorize the patriot act as i was concerned about infringement on civil liberties. i think at a minimum we should say that any kind of information gathering that goes or is obtained through the fisa courts has to be only for a particular investigation, not just a broad brush that you go after anything that you may not even use. there has to be transparency with the fisa courts. their decision should be made public in most cases. he have to be worried about how these judges are appointed in the fisa court because they are not appointed by the president with the advice and consent of the senate, which they should be. again, i think we have to have a balance, but right now the balance is skewed too much toward surveillance and infringing on civil liberties. we have to change it. >> thank you. iswhat is going on overseas not an abstract concept to me. it is something we are dealing with that have to with in newark. we have to every single day work to keep our residents
i did not vote for the fisa amendments. i do not vote to reauthorize the patriot act as i was concerned about infringement on civil liberties. i think at a minimum we should say that any kind of information gathering that goes or is obtained through the fisa courts has to be only for a particular investigation, not just a broad brush that you go after anything that you may not even use. there has to be transparency with the fisa courts. their decision should be made public in most cases. he...
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Aug 1, 2013
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it would change the fisa court of review process. years,found that, in my one of a judges worst nightmares is an incompetent counsel. the reason is, especially in a criminal trial, the inc. competent counsel or lack of counsel means that the record is test andd that the clash of litigation is diminished in quality. that is a principal that should be involved in some way in the fisa court. proposingill that i'm is for navigate to be involved .n the proceedings at some point, when there are ,ignificant issues of law different sides are presented. challenges are made. the benefitanel has of contention that is at the core of our court process. our courts insist and thrive on the clash and testing of different point of view. cross examination is that the essence of our litigation process. reality,ance, if not the current design of the fisa court stacks the deck against civil liberties. it can be improved and enhanced without sacrificing speed or security. special advocates can be cleared or security purposes. be involved after the fact, i
it would change the fisa court of review process. years,found that, in my one of a judges worst nightmares is an incompetent counsel. the reason is, especially in a criminal trial, the inc. competent counsel or lack of counsel means that the record is test andd that the clash of litigation is diminished in quality. that is a principal that should be involved in some way in the fisa court. proposingill that i'm is for navigate to be involved .n the proceedings at some point, when there are...
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Aug 12, 2013
08/13
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it is watched on a regular basis by the fisa court. i do not think we need a fisa court. i think the president has the inherent power as commander in chief to carry out these operations. that is what president bush claimed in the 2000's. but i think the reality is we will have a fisa court and will have to work with it. it is monitored on a regular basis. instance, when they are tracking, only three times were they had to drill down on the metadata. if they make a mistake and they put in the wrong digit, they have to do a full report on that. they have to purge everything they got from the wrong number. they have to file a report with the court explaining that human error that was made. that is the type of scrutiny they are under. my experience with the nsa was, what we heard mainly over the last several years, before any the nsa hade, information about people attacking dick cheney and others, waterboarding. the only time it came up as a debate in the intelligence committee was people from the nsa saying how tough it was to work with the fisa court, to get court orders, t
it is watched on a regular basis by the fisa court. i do not think we need a fisa court. i think the president has the inherent power as commander in chief to carry out these operations. that is what president bush claimed in the 2000's. but i think the reality is we will have a fisa court and will have to work with it. it is monitored on a regular basis. instance, when they are tracking, only three times were they had to drill down on the metadata. if they make a mistake and they put in the...
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Aug 7, 2013
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wirelessransition to programs to fisa approved programs. the passage of the protect america act and the prism program that i wrote about in the washington post. had that same job. it coincided with a substantial. of -- a substantial time of expanding prism and the passage of defies the amendment acts and section 702. i want to start off with something related that touches on the advertised subject of the panel today. a in norma's as amount of a compliment. i'm prepared to accept that there are a lot of accomplishments and some cannot be talked about. nevertheless, we learned that we are collecting a lot more documents than the public is aware of and the u.s. government was unable to connect the dots on the tsarnaev brothers in advance. what do you make of that and when you see the implications of what we've heard about the compartmentalization of intelligence information. this,se two aspects of one is having the information available so that it can be corrected and analyzed. is the process of bringing together. the processes have been so wi
wirelessransition to programs to fisa approved programs. the passage of the protect america act and the prism program that i wrote about in the washington post. had that same job. it coincided with a substantial. of -- a substantial time of expanding prism and the passage of defies the amendment acts and section 702. i want to start off with something related that touches on the advertised subject of the panel today. a in norma's as amount of a compliment. i'm prepared to accept that there are...
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Aug 18, 2013
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. -- fisa, -- >> they should have held hearings. it should've have been a more robust oversight board. now they will, that is good. the inspectors general can give more generic reports. congressional oversight committees, intelligence committees can talk about the subjects they are looking at without disclosing sources. john maclachlan noted we do oversight hearings. even on the fisa court i would agree -- disagree with some of the panelists. they can release some things. they can release how many cases they get, how many are denied, how many are sent back for review. you can have periodic review by other bipartisan commissions that have credibility. you can do it incrementally but it is going to be difficult to swim against the general tide of distrust of government. i would also be remiss if i didn't say i could not disagree with anthony romero more that snowden did as a service. i think he did this country and incredible disservice. we are now going to have slightly more transparency and better oversight and that is a good thing.
. -- fisa, -- >> they should have held hearings. it should've have been a more robust oversight board. now they will, that is good. the inspectors general can give more generic reports. congressional oversight committees, intelligence committees can talk about the subjects they are looking at without disclosing sources. john maclachlan noted we do oversight hearings. even on the fisa court i would agree -- disagree with some of the panelists. they can release some things. they can release...
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Aug 21, 2013
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it's go to caroline. >> i have a question about the secret fisa courts. my understanding is that chief justice roberts appoints this court. am i right? a very good question. i cannot say for sure. andhere are 11 republicans no democrats. as far as the townhall meeting is concerned as far as the town hall meetings, i probably wouldn't go. that is all i have to say. host: who is your representative? thanks for your call. the august town hall numbers, town hall meetings by the numbers, one of the ones at the top of the list is congressman mark wayne mullen from oklahoma. we caught up with him on the road this afternoon. >> congressman, what is the number one issue you are hearing about as you do these town halls? >> probably the overreach. it comes in all different aspects. it really depends on the crowd. we have such a large district. with cover a vast majority of individuals. we could be talking about government programs as far as nsa and different types of concerns they have at the irs. on the other side, you can talk about the overreach of education and
it's go to caroline. >> i have a question about the secret fisa courts. my understanding is that chief justice roberts appoints this court. am i right? a very good question. i cannot say for sure. andhere are 11 republicans no democrats. as far as the townhall meeting is concerned as far as the town hall meetings, i probably wouldn't go. that is all i have to say. host: who is your representative? thanks for your call. the august town hall numbers, town hall meetings by the numbers, one...
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Aug 20, 2013
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there is a secret fisa court that interpret things like the patriot act. are not available to members of congress. ,or example, the patriot act it belonged related to data gathering and members of congress have a particular interpretation of it when they pass it. i voted no to be clear when it was up for reauthorization. [applause] have aho voted yes particular interpretation of what the patriot act does. they have been horrified at what they found. the patriot act is being interpreted by the fisa court in a much more expansive way than what they expected. we when not have known about that if not for the recent disclosures. -- would not have known about that if not for the recent disclosures. it is secret. members of congress do not get access to those court opinions. you will have access provided to .he intelligence committee you have the white house with access. members of congress to not have access. i represent people just like anyone on the intelligence committee. when i am asked to vote on something, i deserve to have the information about the law th
there is a secret fisa court that interpret things like the patriot act. are not available to members of congress. ,or example, the patriot act it belonged related to data gathering and members of congress have a particular interpretation of it when they pass it. i voted no to be clear when it was up for reauthorization. [applause] have aho voted yes particular interpretation of what the patriot act does. they have been horrified at what they found. the patriot act is being interpreted by the...
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Aug 27, 2013
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we have the fisa courts, the foreign intelligence surveillance act courts, that they have to sign off on these programs. before you can dig into any of those records, in terms of reading content, for example, you have to have the authorization from fisa. i know everybody is concerned about it. i understand the concerns. the last thing i would want to recommend is, well, obama might abuse the nsa authority and therefore we ought to shut it down. last possible thing we ought to do. these are good folks, doing the best they can to safeguard the nation, and i like keith alexander covering my back anytime. >> well -- we can move on off of this, but i think again, if you look back and you talk about abuse, you guys were also scrupulously careful not to have the head of the irs in the white house. he may have been there once. we know the president had him in something like 72 times. and i think there is a real question about in a democracy, under threat, you have programs you put in place to defend the nation. then you end up with a commander in chief who seems not to care about defending th
we have the fisa courts, the foreign intelligence surveillance act courts, that they have to sign off on these programs. before you can dig into any of those records, in terms of reading content, for example, you have to have the authorization from fisa. i know everybody is concerned about it. i understand the concerns. the last thing i would want to recommend is, well, obama might abuse the nsa authority and therefore we ought to shut it down. last possible thing we ought to do. these are good...
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Aug 8, 2013
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it is just a page or two and says we intend to use fisa evidence or we have fisa evidence in this case. same thing with the classified information procedures act. defense lawyers said, why can't we use that for this? there may be a case or two where they do that. it is really hard to tell because it is classified. host: republicans can call in at 202-585-3881. democrats, 202-585-3880. independents, 202-585-3882. caller: this is part of the total information awareness act. we have got different secretive agencies. let's get to the bone of this. when you have a government that dictates what you can and cannot put into your own body, by the very definition, you're living under a tear any. that is what we have here. what we looking at is the dea -- they manage is called recently military in conjunction with police action. we now have a police state. and john gotti and the mob, it is like the drug trade. we are not in the drug trade. we cannot compete with the government. guest: it is interesting, a lot of people are talking -- when they hear about this, they think about 9/11 and all the ch
it is just a page or two and says we intend to use fisa evidence or we have fisa evidence in this case. same thing with the classified information procedures act. defense lawyers said, why can't we use that for this? there may be a case or two where they do that. it is really hard to tell because it is classified. host: republicans can call in at 202-585-3881. democrats, 202-585-3880. independents, 202-585-3882. caller: this is part of the total information awareness act. we have got different...
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Aug 4, 2013
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work for some limitations and have the american people have a better idea how the secret court, the fisa court works. i want to do a number of other things. senator corner of texas and i are working on a way to get forensic labs. if somebody is going to be charged with a crime, and there is dna evidence, there is at least certain standards so we do not have some of the terrible this takes we have seen in the past. i can say that as a former prosecutor. i have also tried to change the way we sentence people. the way the federal judges moved away from mandatory minimums. >> the fact that you have someone like senator rand paul joining you -- this week, senator lee is also interested in doing that. is this a new influx of libertarians leading republicans and improving the chances of passing that sort of bill -- >> i'm hoping so. i've always sought republican cosponsors. i wrote the bill for the organic farms standards, which became a huge organic farm movement in this country. i sought out a republican cosponsor, a senior republican senator. i think we have become too polarized, too partisa
work for some limitations and have the american people have a better idea how the secret court, the fisa court works. i want to do a number of other things. senator corner of texas and i are working on a way to get forensic labs. if somebody is going to be charged with a crime, and there is dna evidence, there is at least certain standards so we do not have some of the terrible this takes we have seen in the past. i can say that as a former prosecutor. i have also tried to change the way we...
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Aug 11, 2013
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i did not vote for the fisa amendments. i do not vote to reauthorize the patriot act as i was concerned about infringement on civil liberties. i think at a minimum we should say that any kind of information gathering that goes or is obtained through the fisa courts has to be only for a particular investigation, not just a broad brush that you go after anything that you may not even use. there has to be transparency with the fisa courts. their decision should be made public in most cases. we have to be worried about how these judges are appointed in the fisa court because they are not appointed by the president with the advice and consent of the senate, which they should be. again, i think we have to have a balance, but right now the balance is skewed too much toward surveillance and infringing on civil liberties. we have to change it. >> thank you. >> what is going on overseas is not an abstract concept to me. it is something we are dealing with, that have to with in newark. we have to every single day work to keep our resi
i did not vote for the fisa amendments. i do not vote to reauthorize the patriot act as i was concerned about infringement on civil liberties. i think at a minimum we should say that any kind of information gathering that goes or is obtained through the fisa courts has to be only for a particular investigation, not just a broad brush that you go after anything that you may not even use. there has to be transparency with the fisa courts. their decision should be made public in most cases. we...
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Aug 25, 2013
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there be an active advisorial role within the foreign intelligence area to be introduced while the fisa court is looking at the concerns. i think he has grabbed the old why the horns. >> sticking with the middle east for a minute, some of our major allies including israel and saudi arabia have supported the military regime that ousted president morsi. a number of people have said that the obama administration should be more forceful and taking some type of stand one way or another. they have declined to say that this is a coup. do think it is time for the democratic party to take a more forceful stance on what the united states should be doing about egypt? >> because the middle east has always been such a tinderbox and it is such a critical region for us in terms of our national security, any time you make decisions about the continuation of aid or the status of our relationship, you have to address and review the situation on the ground, taking things day by day, talking to our allies like israel in the region and other nations we have strong relationships with like jordan and saudi ar
there be an active advisorial role within the foreign intelligence area to be introduced while the fisa court is looking at the concerns. i think he has grabbed the old why the horns. >> sticking with the middle east for a minute, some of our major allies including israel and saudi arabia have supported the military regime that ousted president morsi. a number of people have said that the obama administration should be more forceful and taking some type of stand one way or another. they...
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Aug 17, 2013
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should there be a tweak to the fisa court? would we have the same problems if we had a national security court? of the countries in the world have special court that giant terrorism. let take friends. you have a magistrate -- let take friends. you have a magistrate and a judge in all him in eight out of paris. -- them all in paris. they will allow juries been any other case but not terrorism cases. england has a quasi-that of that. aspect of that. there is some value. there was a terrorist case in virginia. that case went on for four years. spank god knows how many millions of dollars. how many- who knows millions of dollars. he said i am innocent. he fired three lawyers and then admitted he did it all. here is a judge. i am sure she's a fine federal judge judge. in my opinion, you have got to have people who are doing these cases that would be a conflict of interests. i would say no. i am not missgo, masowi would be an example of how they work. >> you are right. was a prettyomber clean case. that was not necessarily a judge >
should there be a tweak to the fisa court? would we have the same problems if we had a national security court? of the countries in the world have special court that giant terrorism. let take friends. you have a magistrate -- let take friends. you have a magistrate and a judge in all him in eight out of paris. -- them all in paris. they will allow juries been any other case but not terrorism cases. england has a quasi-that of that. aspect of that. there is some value. there was a terrorist case...
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Aug 8, 2013
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it is just a page or two and says we intend to use fisa evidence or we have fisa evidence in this haze. same thing with the classified information procedures act. defense lawyers said, why can't we use that for this? there may be a case or two where they do that. it is really hard to tell because it is classified. att: republicans can call in 202-585-3881. democrats, 202-585-3880. .ndependents, 202-585-3882 caller: this is part of the .otal information awareness act we have got different secretive agencies. let's get to the bone of this. when you have a government that dictates what you can and cannot put into your own body, by the very definition, you're living .nder a tear any that is what we have here. what we looking at is the dea -- they manage is called recently inut using the military conjunction with police action. we now have a police state. and john gotti and the mob, it is like the drug trade. we are not in the drug trade. we cannot compete with the government. it is interesting, a lot of people are talking -- when they hear about this, they think about 9/11 and all the chan
it is just a page or two and says we intend to use fisa evidence or we have fisa evidence in this haze. same thing with the classified information procedures act. defense lawyers said, why can't we use that for this? there may be a case or two where they do that. it is really hard to tell because it is classified. att: republicans can call in 202-585-3881. democrats, 202-585-3880. .ndependents, 202-585-3882 caller: this is part of the .otal information awareness act we have got different...
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Aug 1, 2013
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host: we will get to your calls in a moment but we want to ask about the fisa order. explain what it is and what kind of changes you'd like to see. guest: it is a secret star tribunal that has been set up to pretend to provide some oversight to the n s a r regarding its surveillance which is illegal and being conducted court rubber- fisa stamp requests from the state department to conduct domestic surveillance. in one recent year, they have roughly 1000 requests and they allowed every single one of them. it is a court that has been appointed entirely by our right wing chief justice and virtually all the people who serve on that court are people who were appointed by george w. bush to the courts. host: tell us about changes you'd like to make guest: the system certainly is not working very well have a court to that simply uses a rubber stamp and allows for every single request, there is no genuine oversight being conducted. the deeper problem here is that the wrong judgments are being made concerning what is relevant. the statute is clear that in order to collect any i
host: we will get to your calls in a moment but we want to ask about the fisa order. explain what it is and what kind of changes you'd like to see. guest: it is a secret star tribunal that has been set up to pretend to provide some oversight to the n s a r regarding its surveillance which is illegal and being conducted court rubber- fisa stamp requests from the state department to conduct domestic surveillance. in one recent year, they have roughly 1000 requests and they allowed every single...
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Aug 11, 2013
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government agency in dollars that are going to fund the nsa who every three months is going to this fisa secret court that nobody can appeal to and they are getting more and to get records of every single american, ok? who -- you have an fbi he went to court to say toy do not need a warrant put gps tracking devices on your car. irs whose an official position is that that do not need a warrant to check your e-mail. they have targeted tea party groups. so far, nobody has really paid a price for that. really the situation that i find, and i might be the only person who feels that, nothing theseng done rein in government agencies. from my perspective, the only privacy you really have is what the government says that you have. i was really pumped when he voted against this. i was really disappointed -- disappointed that he voted against restricting the nsa. you had an opportunity to do that. i would really like to know why you voted against restricting the nsa from collecting all of our data. nolan says there listening to our phone calls. -- no one is saying they are listening to our phone ca
government agency in dollars that are going to fund the nsa who every three months is going to this fisa secret court that nobody can appeal to and they are getting more and to get records of every single american, ok? who -- you have an fbi he went to court to say toy do not need a warrant put gps tracking devices on your car. irs whose an official position is that that do not need a warrant to check your e-mail. they have targeted tea party groups. so far, nobody has really paid a price for...